The Goa, Daman and Diu Registration of Tourist Trade Act, 1982

The Goa, Daman and Diu Registration of Tourist Trade Act, 1982 Act10of1982 Keyword(s): Boat, Certificate, Dealer, Hotel, Malpractice, Notified Article, Tourist, Travel Agent, Travel Arrangements Amendmentsappended: 10 of 1988, 7 of 2011 DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. GOVERNMENT OF GOA, DAMAN AND DIU Law Department (Legal Advice) Notification LD/5/17/82 (D) The following Act which was passed by the Legislative Assembly of Goa, Daman and Diu on the 28th day of July, 1982 and assented to by the Administrator on the 14th November, 1982 is hereby published for the general information of the public. B. S. Subbanna, Under Secretary (Drafting). Panaji, 23rd November, 1982. The Goa, Daman and Diu Registration of Tourist Trade Act, 1982 (Act No. 10 of 1982) AN ACT to provide for the registration of persons dealing with tourists and for matters connected therewith. Be it enacted by the Legislative Assembly of Goa, Daman and Diu in the Thirty-third Year of the Republic of India as follows: CHAPTER I Preliminary 1. Short title, extent and commencement.- (1) This Act may be called the Goa, Daman and Diu Registration of Tourist Trade Act, 1982. (2) It shall extend to the whole of the Union territory of Goa, Daman and Diu. (3) It shall come into force *on such date as the Government may, by notification in the Official Gazette appoint. 2. Definitions.- In this Act, unless the context otherwise requires, (a) 'boat' includes a house-boat, motor-boat, motor launch, pedal boat, sailing boat and canoe; (b) 'certificate' means a certificate of registration issued under any of the provisions of this Act; 1"(c) 'dealer' means a person carrying on in a tourist area the business of selling any notified articles, whether wholesale or retail, and whose stocks/turnover of the said notified articles exceeds 50% of their total stocks/turnover, and includes his agent or employee transacting business on his behalf." (d) 'Government' means the Government of Goa, Daman and Diu; (e) 'hotel' includes any premises or part of premises including a house-boat, restaurant, bar or a tent where lodging with or without board or any kind of eatables or beverages is provided for a monetary consideration; (f) 'hotel-keeper' includes any person who owns or operates a hotel as proprietor and includes a person managing or operating the affairs of a hotel for and on behalf of the proprietor; (g) 'malpractice' includes cheating, touting, impersonation, obstruction in allowing free choice for shopping or stay or travel management, charging a price higher than that displayed on the label or remuneration higher than that fixed under this Act, failure to display price label on the articles, failure to give cash memos and wilful failure to execute an order within the stipulated time and according to the terms agreed. Explanation 1.- For the purposes of this clause, labelled price (the price displayed on the label on the article) shall be the reasonable price as may be fixed by the prescribed authority. *See Notification on page 22. 1Clause (c) substituted by (Amendment) Act, 1988 (Act 10 of 1988) (O. G. Series I No. 8 dated 27-5-1988). The original clause reads as follows: "(c) 'dealer' means a person carrying on in a tourist area the business of selling any notified article, whether wholesale or retail, and includes his agent or employee transacting business on his behalf." Explanation 2. The expression 'touting' means coercing for shopping, accommodation, transportation, sight seeing or pestering for any particular premises, person, establishment, manufacturer or any other service connected with tourism with consideration of personal benefit; *(h) 'notified article' means any article notified by the Government in the Official Gazette for the purposes of this Act; (i) 'prescribed' means prescribed by rules made under this Act; *(j) 'prescribed authority' means the authority notified as such by the Government, provided that different authorities may be notified for different provisions of this Act; *(k) 'tourist area' means any area notified by the Government in the Official Gazette to be a tourist area for the purposes of this Act; (1) 'tourist' means a person or group of persons, including pilgrims, visiting the Union territory of Goa, Daman and Diu from any part of India or outside India; (m) 'travel agent' means a person engaged in the business of making travel, camping, tour operating or other travel arrangements for tourists for a monetary consideration and includes a tourist guide, excursion agent, tent and camping agent or tour operator; (n) 'travel arrangements' include - (a) arrangements for transportation, sight seeing; (b) arrangements for lodging with or without food; and (c) rendering other services, such as assistance for game, sports or receipt or despatch of personal belongings of a tourist. *See Notifications dated 8-7-1985 on pages 52 and 53. CHAPTER II Registration of Dealers 3. Registration. - (1) Every person intending to carry on business of a dealer under this Act shall, before he commences such business, apply for registration to the prescribed authority in the prescribed manner: Provided that nothing in this sub-section shall apply to the sale of notified articles in fairs and temporary markets organised during festivals. (2) Notwithstanding anything contained in sub-section (1), any person already carrying on business of selling any notified article in a tourist area on the date such article is notified under clause (h) of section 2 shall apply for registration under this Act within three months from the aforesaid date. (3) Every application made under sub-section (1) shall be disposed off within a period of three months from the date of receipt of the application failing which the application shall be deemed to have been accepted for registration. 4. Certificate of Registration.- The prescribed authority shall, unless registration is refused under section 5, direct that the name and the particulars of the dealer be entered in the register maintained for the purpose and shall issue a certificate to the dealer in the prescribed form within a period of three months from the date of the receipt of the application. 5. Refusal to register.- (1) The prescribed authority may refuse to register a dealer under this Act on any of the following grounds, namely:- (a) if he is convicted of any offence under Chapters XIV and XVI of the Indian Penal Code, 1860 Central Act under any of the provisions of this Act 45 of 1860. or of any offence punishable under any law providing for the prevention of hoarding, smuggling or profiteering or adulteration of food and drugs or corruption and two years have not elapsed since the termination of the sentence imposed upon him; (b) if he has been declared insolvent by a Court of competent jurisdiction and has not been discharged; (c) if his name has been removed from the register under clause (c) clause (d) of section 6 and three months have not elapsed since the date of removal; (d) if in the opinion of the prescribed authority there is sufficient ground to be recorded in writing, for refusing registration. (2) No application for registration shall be refused unless the person applying for registration has been afforded a reasonable opportunity of being heard. 6. Removal of the name from the Register.- (1) The prescribed authority may after affording a reasonable opportunity of being heard, by an order in writing, remove the name of a dealer from the register and cancel his certificate on any of the following grounds, namely: (a)if he ceases to be a dealer; (b) if he is convicted of any offence under Chapter XIV and XVI of the Indian Penal Code, 1860 or Central Act under any of the provisions of this Act or of any 45 of 1860 offence punishable under any law providing for the prevention of hoarding, smuggling or profiteering or adulteration of food or drugs or corruption; (c) if he is declared an insolvent by a Court of competent jurisdiction and has not been discharged; (d) if any complaint of malpractice is received and proved against him. (2) Any dealer whose name is removed from the register under sub- section (1) shall forthwith cease to be a dealer. CHAPTER III Registration of Hotels 7. Registration.- (1) Every person intending to operate a hotel in a tourist area shall, before operating it, apply for registration to the prescribed authority in the prescribed manner. (2) Notwithstanding anything contained in sub-section (1), any person already operating a hotel in a tourist area on the date of notification under clause (k) of section 2, shall apply for registration within three months from the aforesaid date. (3) Every application made under sub-section (1) shall be disposed off within a period of three months from the date of receipt of the application failing which the application shall be deemed to have been accepted for registration. 8. Certificate of registration. - The prescribed authority shall, unless registration is refused under section 9, direct that the name and the particulars of the hotel and the hotel-keeper be entered in the register maintained for the purpose and shall issue a certificate to the hotel- keeper in the prescribed form. 9. Refusal to register a hotel.- (1) The prescribed authority may refuse to register a hotel under this Act on any of the following grounds, namely:- (a) if the hotel-keeper is convicted of any offence under Chapters XIV and XVI of the Indian Penal Code, 1860 or Central Act 45 of 1860 under any of the provisions of this Act or of any offence punishable under any law providing for the prevention of hoarding, smuggling or profiteering or adulteration of food or drugs or corruption and two years have not elapsed since the termination of the sentence imposed upon him; (b) if the hotel-keeper has been declared an insolvent by a Court of competent jurisdiction and has not been discharged; (c) if the name of the hotel-keeper has been removed from the register under clause (c) or clause (d) of section 10 and three months have not elapsed since the date of removal; (d) if the hotel-keeper does not hold a licence or certificate required to be held by him under any law for the time being in force; (e) if in the opinion of the prescribed authority there is sufficient ground, to be recorded in writing, for refusing registration. (2) No application for registration shall be refused unless the person applying for registration has been afforded a reasonable opportunity of being heard. 10. Removal of the name from the Register.(1) The prescribed authority may, after giving an opportunity of being heard by an order in writing, remove the name of a hotel from the register and cancel its certificate on any of the following grounds, namely: (a) if the hotel-keeper ceases to operate the hotel in the tourist area for which it is registered; (b) if the hotel-keeper is convicted of any offence under Chapters XIV and XVI of the Indian Penal Code, 1860 Central Act or under any of the provisionsof this Act or of any 45 of 1860. offence punishable under any law providing for the prevention of hoarding, smuggling or profiteering or adulteration of food or drugs or corruption; (c) if the hotel-keeper is declared an insolvent by a Court of competent jurisdiction and has not been discharged; (d) if any complaint of malpractice is received and proved against a hotel-keeper. (2) Any hotel the name of which is removed from the register under sub-section (1) shall forthwith cease to operate. 11. Classification of hotels and fixation of rates.- The prescribed authority may after following the procedure as may be prescribed and after giving an opportunity of being heard to the hotel-keeper, by notification in the Official Gazette, classify the hotels and award a grade to each hotel and also fix the reasonable maximum rate and the service charges, if any, commensurate with the standard of the hotel and the quality of food, accommodation and service, which may be charged by the hotel-keeper for board or lodge or for both from the person staying therein or from other customers: Provided that nothing in this section shall apply to the hotels which are classified or graded by the Government of India or any board or authority under the Government of India or by or under an Act of Parliament. 12. Hotel-keeper to display information - Every hotel-keeper shall cause to be displayed at some conspicuous place of the hotel, such information as may be prescribed. 13. Hotel-keeper to present detailed bill.- Every hotel-keeper shall render detailed bills to the persons residing in the hotel and other customers and shall give receipts in acknowledgment of all payments. CHAPTER IV Travel Agents 14. Registration.- (1) No person shall carry on the business of a travel agent unless he is registered in accordance with the provisions of this Act. (2) Every person intending to act as a travel agent shall, before he commences to act as such, apply for registration to the prescribed authority in the prescribed manner. (3) Notwithstanding anything contained in sub section (2), any person already engaged in the business as a travel agent, shall apply for registration within three months from the date of commencement of this Act. (4) Every application made under sub-section (2) shall be disposed off within a period of three months from the date of receipt of the application failing which the application shall be deemed to have been accepted for registration. 15. Certificate.- The prescribed authority shall, unless registration is refused under section 16, direct that the name and particulars of the travel agent be entered in the register maintained for the purpose and issue a certificate to the travel agent in the prescribed form. 16. Refusal to register.- (1) The prescribed authority may refuse to register a travel agent under this Act on any of the following grounds, namely: (a) if he does not possess any of the prescribed qualifications; (b) if he has been convicted of any offence under Central Act Chapters XIV and XVI of the Indian Penal Code, 45 of 1860. 1860 or under any of the provisions of this Act or of any offence punishable under any law providing for the prevention of hoarding, smuggling or profiteering or adulteration of food or drugs or corruption and two years have not elapsed since the termination of the sentence imposed upon him; (c) if he has been declared an insolvent by a Court of competent jurisdiction and has not been discharged; (d) if his name has been removed from the register under clause (c) or clause (d) of section 17 and three months have not elapsed from the date of removal; (e) if in the opinion of the prescribed authority there is sufficient ground, to be recorded in writing, for refusing registration. (2) No application for registration shall be refused unless the person applying for registration has been afforded a reasonable opportunity of being heard. 17. Removal of the name from the register.- (1) The prescribed authority may, after giving an opportunity of being heard, by an order in writing, remove the name of a travel agent, from the register and cancel his certificate on any of the following grounds namely: (a) if he ceases to act as a travel agent; Central Act (b) if he is convicted of any offence under Chapters 45 of 1860. XIV and XVI of the Indian Penal Code, 1860 or Under any of the provisions of this Act or of any offence punishable under any law providing for the prevention of hoarding, smuggling or profiteering or adulteration of food or drugs or corruption; (c) if he is declared an insolvent by a Court of competent jurisdiction and has not been discharged; (d) if any complaint of malpractice is received and proved against him. (2) Any travel agent whose name is removed from the register under sub-section (1) shall forthwith cease to be a travel agent. 18. Fixation of rates.- The prescribed authority may, by a notification in the Official Gazette, fix the reasonable maximum rates which may be charged by a travel agent for the service rendered by him to a person engaging him as such. 19. Travel agent not to demand tip, etc.- No travel agent shall demand any tip, gratuity, presents or commission other than that permissible under this Act from any persons engaging him or from any dealer selling notified article to any person or from any hotel-keeper in whose hotel such person resides or intends to reside. CHAPTER V Appeal and Revision *20 . Appeal.- (1) Subject to the provisions of sub-section (2), an appeal shall lie from every order of the prescribed authority under this Act to the appellate authority to be appointed by the Government. (2) Every such appeal shall be preferred within ninety days from the date of communication of the order: Provided that the appellate authority may entertain the appeal after the expiry of the said period of ninety days if it is satisfied that the . appellant was prevented by sufficient cause from preferring the appeal in time. (3) The appellant shall have a right to be represented by a counsel or by a duly authorised agent and the prescribed authority may be represented by such officer or person as the prescribed authority may appoint. (4) On receipt of any such appeal, the appellate authority shall, after giving the appellant a reasonable opportunity of being heard and after making such enquiry as it deems proper, pass such order as it may deem fit, after recording the reasons therefore. 21. Revision.- The Revisional Authority* to be appointed by the Government may, either on his own motion or on an application made by an aggrieved party, call for the record of any case disposed off by the appellate authority, for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed by the appellate authority and pass such order thereon as it may deem fit and such order shall be final: *See Notification dated 16-10-1986 at page 51. Provided that no such record shall be called for after the expiry of three months from the date of communication of the order: Provided further that no order under this section shall be made to the prejudice of a person unless he has had a reasonable opportunity of being heard either personally or through a counsel or by a duly authorised agent. CHAPTER VI Offences and Penalties 22. Penalty for default in registration.- (1) Any person carrying on the business of a dealer, hotel-keeper or travel agent without proper registration under this Act or in violation of any of the provisions of this Act or the Rules made thereunder shall be punishable by the prescribed authority with fine which may extend to Rs. 2,000/-. Explanation.- A person who has made an application within the prescribed period and which is pending disposal shall not be a defaulter for the purposes of this section. 23. Penalty for false statement.- If any person required to make a statement under this Act or the rules made thereunder wilfully makes a false statement or suppresses a material fact with an intention to mislead the prescribed authority, he shall be punishable by the prescribed authority with fine which may extend to Rs. 2,000/-. 24. Certificate not to be assigned.- Any person who lends, transfers or assigns the certificate issued under this Act, shall be punishable by the prescribed authority with fine which may extend to Rs. 2,000/-. 25. Certificate and documents to be shown to persons on demand.- (1) Any person registered under this Act, shall, at all times on demand, produce and show his certificate or any other document required under this Act or the Rules made thereunder to the prescribed authority or any officer authorised by him in this behalf. (2) Any person who refuses on demand to show his certificate or document, or allow it to be read by any of the persons authorised to demand it, shall be punishable by the prescribed authority with fine not exceeding Rs. 500/-. 26. Penalty for malpractice.- If any dealer, hotelkeeper, travel agent or any other person to whom this Act may be made applicable, commits a malpractice or contravenes any other provisions of this Act or the Rules made thereunder in a tourist area for which no specific penalty has been provided, he shall be punishable by the prescribed authority with fine which may extend to Rs. 1,000/-. 27. Obstructing lawful authorities.- If any person wilfully obstructs or offers any resistance to, or otherwise interferes in the discharge of the functions of the prescribed authority or any officer authorised by him exercising any power, or performing any duties conferred or imposed upon it or him by or in pursuance of this Act or the Rules made thereunder, he shall be liable to punishment with imprisonment which may extend to three months or with fine not exceeding Rs. 100/- or with both. 28. Penalty for subsequent breaches.- (1) Any person committing a breach of any of the provisions of the Act or the Rules made thereunder for which he has been once punished with fine by the prescribed authority under any of the provisions of this Chapter, shall be punishable with imprisonment which may extend to six months or with fine which may extend to Rs. 5000/- or with both. (2) No prosecution shall be instituted against any person for any offence under this Act except on a complaint made by the prescribed authority. (3) Any fine imposed under this Chapter shall be recovered as if it were a fine recoverable Centarl Act under the provisions ofthe Code of Criminal Procedure, 45 of 1860. 1973. 29. Power of the prescribed authority to summon and enforce attendance of witnesses and other persons - The prescribed authority shall have all the powers of a Civil Court, under Centarl Act the Civil Procedure Code, 1908 while hearing any 45 of 1860. application under this Act in respect of the following matters, namely:- (a) summoning and enforcing attendance of the complainant or the person against whom complaint is made under this Act and witnesses required in connection therewith; (b) compelling the production of any document, and (c) examining witnesses on oath - and may summon and examine suo moto any person whose evidence appears to be material. 30. Composition of offences.- (1) Subject to such conditions as may be prescribed, the prescribed authority may accept from any person accused of an offence under this Act or the Rules made thereunder, other than an offence under section 27 of the Act, such sum of money, as may be prescribed, by way of composition for such offence and may, out of the money so received, compensate the person against whom the offence has been committed to the extent the prescribed authority deems reasonable. (2) On the composition of the offence, no further proceeding in respect thereof shall lie. CHAPTER VII Miscellaneous 31. Notification of changes.- (1) Whenever a business, for which a certificate is held by a person, devolves, by inheritance or otherwise, upon any other person or undergoes a change in respect of any particulars entered in the register under this Act, such person shall, within sixty days of the date of such devolution or change, notify in writing, the fact to the prescribed authority. (2) The prescribed authority shall make necessary changes in the register maintained for the purpose and in the certificate. (3) Notwithstanding anything contained in sub-section (2), the prescribed authority may, after giving an opportunity of being heard, remove from the register, the name of the person in whose favour the certificate was issued and cancel the certificate if the successor is not qualified to be registered under this Act. 32. Return of certificate.- When a certificate is cancelled under this Act, the person holding such certificate shall within seven days from the date of communication of the order of cancellation return it to the prescribed authority. 33. Duplicate certificate.- If a certificate issued under this Act is lost, damaged or destroyed, the prescribed authority shall, on an application made in that behalf by the person holding such certificate and on payment of the prescribed fee, issue a duplicate certificate. 34. Certificate to be kept exhibited.- The Certificate shall be exhibited by the person holding it in a conspicuous place at the principal place of his business and if he has no place of business, he shall keep it on his person. 35. Publication of name of person removed from the register.- The prescribed authority shall publish in the Official Gazette and in such other manner it deems fit, the names and addresses of the persons and of the hotels whose names have been removed from the register or whose certificates have been cancelled or who have been refused registration under this Act. 36. Power to inspect.- The prescribed authority or any person authorised by him in this behalf may, within the tourist area, inspect at all reasonable times, the premises in which a dealer or a travel agent carries on his business or any premises where a hotel is operated and require such dealer, travel agent or a hotel-keeper to produce any document kept in pursuance of this Act or the rules made thereunder for inspection. 37. Fixation of rates for other services.--- The prescribed authority may, by a notification in the Official Gazette, fix the reasonable maximum rates which may be charged in a tourist area, for such other tourist service, as may be prescribed. 38. Powers of Government to apply Act to other persons.- The Government may, by notification in the Official Gazette, direct that all or any of the provisions of this Act or the rules made thereunder shall, with such exceptions, adoptions or modifications as may be considered necessary, apply to persons doing the business of providing such tourist service in a tourist area as may be prescribed. 39. Powers and duties of Police in respect of offences and assistance to prescribed authority. Every Police Officer shall give immediate information to the prescribed authority of an offence coming to his knowledge which has been committed against this Act or any rule made thereunder and shall assist the prescribed authority in the exercise of his lawful authority. 40. Indemnity.- No suit, prosecution or other legal proceedings whatsoever shall lie against the Government or any officer or employee of the Government in respect of anything which is in good faith done or intended to be under this Act. 41. Reservation of powers of local authority. - Nothing in this Act shall take away or diminish any of the powers vested in any local authority by or under any law for the time being in force. 42. Power to make rules.- (1) Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for - (a) the maintenance of registers, books and forms by a hotel-keeper, dealer or travel agent for conduct of business; (b) the form of application for registration and for certificate; (c) the fee for registration; (d) the manner for giving notices under this Act; (e) classification of hotels and travel agents; (f) qualification for registration as travel agents; (g) manner of publication of the names and address of the persons and of the hotels removed from the register or to whom registration has been refused; (h) the place where the prescribed authority shall hold enquiry under this Act; and (i) any other matter which is to be or may be prescribed. (3) Every rule made under this Act shall be subject to the conditions of previous publication. Secretariat, U. D. Sharma Panaji-Goa, Secretary to the Dated: 23rd November, 1982. Government of Goa, Daman and Diu, Law Department (Legal Advice) OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 11 16TH JUNE, 2011 3. Amendment of clause 10.— In clause 10 Be it enacted by the Legislative Assembly of the principal Scheme,— of the State of Goa in the Sixty-second Year of the Republic of India, as follows:- (i) in sub-clause (1), for the expression “Rs. 30,000/- (Rupees thirty thousand only)”, 1. Short title and commencement.— (1) the expression “Rs. 50,000/- (Rupees fifty This Act may be called the Goa Registration thousand only)”, shall be substituted. of Tourist Trade (Amendment) Act, 2011. (ii) in sub-clause (2), for the expression (2) It shall come into force on such date as “Rs. 30/- (Rupees thirty only)”, the expression the Government may, by notification, in the “Rs. 103/- (Rupees one hundred and three Official Gazette, appoint. only)”, shall be substituted. 2. Amendment of section 2.— In section 2 By order and in the name of the Governor of the Goa, Daman and Diu Registration of of Goa. Tourist Trade Act, 1982 (Act 10 of 1982) Surendra F. Naik, Under Secretary, Finance (hereinafter referred to as the “principal (R&C). Act”),— Porvorim, 15th June, 2011. (i) the existing clauses (a) and (aa) shall be re-numbered as clauses (aa) and (aaa) ———ttt——— respectively and before clause (aa) as so Department of Law & Judiciary re-numbered, the following clause shall be inserted, namely:– Legal Affairs Division ___ “(a) ‘adventure sports operator’ means a person operating adventure sports, Notification such as, aero sports, go-carting, bungy jumping, wind surfing, paragliding, hot 7/7/2011-LA air balloon etc.;”; The Goa Registration of Tourist Trade (ii) in clause (aa), so re-numbered for the (Amendment) Act, 2011 (Goa Act 7 of 2011), words “and canoe”, the figure and words which has been passed by Legislative “parasailing and canoe” shall be Assembly of Goa on 30-3-2011 and assented substituted; to by the Governor of Goa on 10-6-2011, is hereby published for general information of (iii) in clause (g), after the words “label the public. on the articles” and before the words “failure to give cash memos” the expression Sharad G. Marathe, Joint Secretary (Law). “operation of water sports by a water sports operator without Certificate of Porvorim, 15th June, 2011. Registration or without safety equipment ________ on the vessel, charging of more fees by The Goa Registration of Tourist Trade the tourist taxi operator than the one specified for the purpose” shall be (Amendment) Act, 2011 inserted; (Goa Act 7 of 2011) [10-6-2011] (iv) after clause (j), the following clauses AN shall be inserted, namely:– ACT “(jj) ‘spice plantation’ means a place where tourists visit and can get first hand further to amend the Goa, Daman and Diu information and view of spice plants/ Registration of Tourist Trade Act, 1982 /trees on payment of monetary (Act 10 of 1982). consideration”. 106 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 11 16TH JUNE, 2011 “(jjj) ‘tourist taxi operator’ means a “(e) if the travel agent has failed to person or firm operating motor vehicles renew the certificate issued under section for tourists on rental basis and for which 15 of this Act, within a period of one month permission has been granted by the from the date of its expiry”. Transport Department”. 6. Insertion of new section 17A.— After (v) after clause (kk), the following clause section 17 of the principal Act, the following shall be inserted, namely:– section shall be inserted, namely:– “(kkk) ‘tour operator’ means a person “17A. Restrictions on travel agent to or a firm operating or conducting sight function as recruiting agent.— No travel seeing or individual tours to the tourists agent registered under this Act shall for which licence has been issued by commence or carry on any business of the Transport Department”. recruitment for an employer or by representing such employer with respect (vi) after clause (n), the following clause to any matter in relation to such recruitment shall be inserted, namely:– including dealing with the persons so recruited or desiring to be recruited unless “(nn) ‘water sports operator’ means he/she has obtained a certificate from the a person operating boats/parasailing/ registering authority under the Emigration /jetskii/kayaking/canoeing/rafting/scuba Act, 1983 (Central Act 31 of 1983)”. diving, etc., to tourists and includes water sports equipment dealer.”. 7. Insertion of new Chapter IV A.— After Chapter IV of the principal Act, the following 3. Amendment of section 10.— In section Chapter shall be inserted, namely:— 10 of the principal Act, in sub-section (i), after clause (d), the following clause shall be “CHAPTER IV-A inserted, namely:– Registration of Tour Operators, Water Sports and Adventure Sports Operators, etc. “(e) if the hotel-keeper has failed to renew the certificate within a period of one 19A. Registration.— (1) No person shall, month from the date of its expiry”. in the tourist area, carry on the business of a tour operator, water sports operator, 4. Insertion of new section 10A.— After adventure sports operator, spice plantation section 10 of the principal Act, the following or of providing temporary huts for the section shall be inserted, namely:– purpose of accommodation, unless he is registered in accordance with the “10A. Closure of hotel.— If the holder of provisions of this Act. a certificate issued under section 8 of this Act intends to close down his business in (2) Every person intending to start the premises during the period of validity business under sub-section (1) shall apply of the certificate, he shall inform the same for registration to the prescribed authority to the prescribed authority in writing at in the prescribed manner, alongwith least fifteen days prior to the date on which prescribed fee. he actually intends to close down the business alongwith original certificate”. (3) Notwithstanding anything contained in sub-section (2), any person already 5. Amendment of section 17.— In section engaged in any of the business as specified 17 of the principal Act, in sub-section (i) after under sub-section (1) shall apply for clause (d), the following clause shall be registration within three months from the inserted, namely:– date of commencement of the Goa 107 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 11 16TH JUNE, 2011 Registration of Tourist Trade (Amendment) (d) if registration is refused to him and Act, 2011. a period of three months have not been elapsed from the date of refusal; (4) Every application made under sub-sections (2) or (3) as the case may be, (e) if in the opinion of the prescribed disposed off within a period of one month authority there is sufficient ground to be from the date of receipt of the application. recorded in writing, for refusing registration. 19B. Certificate.— The prescribed authority shall, unless registration is (2) No application for registration shall be refused under section 19D, direct that the refused unless the person applying for name and particulars of the person starting registration has been afforded a reasonable business as specified in sub-section (1) of opportunity of being heard”. section 19A, be entered in the register 8. Amendment of section 22.— In section maintained for the purpose and issue a 22 of the principal Act,— certificate to the person in the prescribed form subject to such terms and conditions (i)for the words “travel agent”, the and on payment of such fees as prescribed. expression “travel agent or as mentioned in sub-section (i) of section 19A” shall be 19C. Renewal of Certificate of substituted; Registration.— (1) The Certificate of Registration issued under section 19B shall (ii) for the letters and figures “Rs. 10,000/-” be valid for a period of one year from the the letters and figures “Rs. 1,00,000/-”, shall date of issue and shall be renewable before be substituted. its expiry on payment of fees as prescribed. Explanation.— A person who has made an 19D. Refusal to register.— (1) The application for renewal of certificate before prescribed authority may refuse to register the date of its expiry and if the same is the business as specified in sub-section (1) pending disposal then he shall not be a of section 19A on any of the following defaulter for the purposes of this section”. grounds, namely:– 9. Insertion of new section 25A.— After (a) if the applicant does not possess section 25 of the principal Act, the following essential requirements or qualifications section shall be inserted, namely:– as prescribed; “25A. Penalty for unauthorized sale, (b) if he has been convicted of any etc.— Any person who indulges in selling offence under Chapters XIV and XVI of any articles, materials, etc., in any tourist the Indian Penal Code, 1860 (45 of 1860) area, without any licence or permission or under any of the provisions of this under any law for the time being in force, Act or of any offence punishable under then such articles, materials, goods, etc., any law providing for the prevention of shall be confiscated by the officials hoarding, smuggling, profiteering, authorized by the Government and the adulteration of food or drugs, or same shall be returned only on payment of corruption and a period of two years minimum fine of Rs.10,000/- which may have not elapsed since the termination extend to Rs. 25,000/-. In the event of of the sentence imposed upon him; non-payment of fine, such confiscated (c) if he has been declared as an articles, materials, goods etc., shall be insolvent by a Court of competent disposed of by a public auction and the jurisdiction and has not been proceeds thereof shall be deposited in the discharged; Government Treasury. An inventory of all 108 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 11 16TH JUNE, 2011 the confiscated items shall be maintained Technology and Environment (DSTE), by the official confiscating the same”. Government of Goa entrusted this task of identifying and delineating the open vacant 10. Amendment of section 27.— In section plots above an area of 4000 sq. mts., in 27 of the principal Act, for the letters and CRZ-III zone along the coastline of the State figures “Rs. 2,000/-”, the letters and figures of Goa to M/s. Remote Sensing Instruments “Rs. 10,000/-” shall be substituted. (RSI), Hyderabad. This Agency had carried out the task of identification of structures 11. Amendment of section 28.— In section existing as in 1991 when the CRZ Notification, 28 of the principal Act, in sub-section (1), for 1991 came into force and the structures that the letters and figures “Rs.10,000/-”, the came up subsequently by temporal study of letters and figures “Rs. 20,000/-” shall be satellite imagery between 1991 and 2006 substituted. followed by field checks as per directions of the Hon’ble High Court in the same Writ Secretariat, PRAMOD V. KAMAT Porvorim-Goa. Secretary to the Govt. of Goa, Petitions detailed above. These reports were Dated:15-6-2011. Law Department (Legal Affairs). periodically submitted before the Hon’ble High Court and the data products/mapping ———ttt——— of structures in form of survey plans were Department of Science, Technology & submitted to the Coastal Village Panchayats/ /Municipality in terms of the directions of the Environment Hon’ble High Court in M.C.A. No. 427 of 2007 ___ in W. P. No. 422 of 1998 dated 18th March, Policy 2008. GCZMA/H. COURT MATTER/07/656/ 3. M/s. RSI, Hyderabad has interpreted /Part IV/311 rectified satellite data, on line to identify and delineate contiguous open plots measuring Policy for utilization of available open plots in 4000 sq. mts. and above in the CRZ-III areas CRZ-III Zone for the purpose of establishing of Goa. By overlaying the geo-referenced Hotels/Beach Resorts revenue maps, the locations of each of these open plots in terms of survey numbers and Background sub-division number have been tabulated and 1. As per paragraph 32(D) of the directions broad landuse patterns in these plots have contained in the Judgement and Order of the also been tabulated. Hon’ble High Court of Bombay at Goa, Panaji, in Writ Petition No. 422 of 1998 (Goa An atlas of the open plots in CRZ-III of all Foundation v/s Village Panchayat of Candolim the villages has been made on 1:5000 scale & ors.) with Writ Petition No. 99 of 1999 (Goa and a table in MS Excel format showing the Foundation v/s Village Panchayat of identification number (ID No.) of each plot, Calangute & ors.), the State Government has its locations in terms of survey of sub-division been directed- number and broad landuse/landcover pattern in these open plots has also been prepared. “to identify the open plots in CRZ-III zone which are available for construction of M/s. RSI, Hyderabad has submitted a soft hotels and to frame appropriate policy/ copy in portable document format. /regulation for utilization thereof before 4. In its report M/s. RSI, Hyderabad has they are being allowed to be utilized for indicated certain minor limitations to this such construction activities.” study, as interpretation of the satellite data is 2. The Goa Coastal Zone Management with reference to the year 2005 and the Authority (GCZMA)/Department of Science, landuse/landcover would need to be 109 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 11 16TH JUNE, 2011 ascertained by interpreting latest satellite (Release One) dated 23rd November, 2010; imagery and/or field checks. Some of the open has specified guidelines and has indicated plots appear to fall in forest, which can be that beach resorts/hotels/motels would be separated by overlaying the reserved forest permitted on special conditions in Settlement map of the Forest Department, as and when Zone as mapped and defined in the land use required. Similarly some open plots fall in sand maps approved by the Government dune areas, which can be identified and [Reference: Appendix XI of the Final Report, separated. Many open plots fall in cultivated RPG-21 (Release One)]. areas which need to be identified to ascertain The Final Report, RPG-21 (Release One) the present status of cultivation/landuse. also indicates a policy for Coastal and These features can be identified during site Hinterland Eco-Tourism for development in inspection separately. backward talukas for specific areas earmarked as a marker for development in Provisions of New CRZ Notification, 2011 the plans approved by the Government. 5. The Ministry of Environment and Forests [Reference: Chapter 4.2.2 (a) of the Final (MoEF), Government of India has notified the Report, RPG-21 (Release One)]. new Coastal Regulation Zone (CRZ) Guidelines for considering project proposals Notification, 2011 (S.O. No. 19(E) dated 6th for Hotels/Beach Resorts in CRZ-III areas January, 2011). Annexure-III to the CRZ Notification, 2011 defines the requirements 7. Every proposal received by the GCZMA, and guidelines for development of beach will be forwarded for examination and resorts or hotels in the designated areas of assessment by the Goa State Expert Appraisal CRZ-III and CRZ-II for occupation of tourist Committee (Goa-SEAC), in the first instance. or visitors with prior approval of the Ministry While examining the proposal of any new of Environment and Forests. The same is Hotel related project in the open plots/spaces enclosed as APPENDIX-I. available, the Goa-SEAC, shall follow the guidelines as given below and incorporate For any new development of a Hotel/Beach the same in the Terms of Reference for the Resort/Motels or any structure with rooms project proponents case: for the purpose of temporary accommodation of visiting tourists, to be undertaken within (i) The land use/land cover as on site 200 m. to 500 m. shall require to follow the will be verified on ground by inspection. guidelines as detailed above, subject to the The surrounding land use pattern will be State Government Development and Planning considered to determine the suitability of Regulations and Policy. the land to be utilised for the purpose concerned. Provisions contained in Regional Plan for Goa, 2021 (ii) The recommendations or findings of the Environmental Impact Assessment 6. The Town and Country Planning (EIA) report, will not be the sole criteria Department, Government of Goa, has for determining the land use/suitability of prepared the draft Regional Plan for Goa-2021 the plot, for the purpose concerned. (RPG-21). As per draft RPG-21, all CRZ areas Additional reports on environmental are classified as Other Eco-Sensitive zones standards/parameters pertaining to the site (ECO-2), except CRZ-I areas, which are concerned, shall be identified and project classified as Eco-Sensitive zones (ECO-1). Any proponents would be required to comply development in ECO-2 areas will be as per with the same. CRZ guidelines. (iii) Only those land areas, which are The Town and Country Planning classified as “Settlement” in terms of Department has vide Final Report, RPG-21 110 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 11 16TH JUNE, 2011 RPG- 21, will be considered for the purpose 10. This policy issues with the approval of concerned. the Government of Goa vide U. O. No. 96 dated 27th May, 2011. (iv) The proposed project should essentially meet the requirements of Michael M. D’Souza, Director & ex officio recycling of effluents/sewage, efficient solid Joint Secretary (STE). waste management practices and such Saligao, 10th June, 2011. other measures as directed by the Goa _________ State Pollution Control Board. Appendix-I (v) The proposed project’s endeavour ANNEXURE-III should be to meet ‘Green’ initiatives such as water harvesting (wherever feasible), Guidelines for development of beach resorts or use of solar and other renewable energy hotels in the designated areas of CRZ-III and resources for lighting, heating etc. CRZ-II for occupation of tourist or visitors with prior approval of the Ministry of (vi) The proposed project should be Environment and Forests compliant to the standards prescribed I. Construction of beach resorts or hotels with under Environment (Protection) Rules, prior approval of MoEF in designated areas of 1986 (as amended) and should also provide CRZ-II and III for occupation of tourist or visitors for compliance to the standards and shall be subject to the following conditions, conditions under Water (Prevention and namely:— Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, (a) the project proponent shall not undertake 1981. any construction within 200 metres in the (vii) All guidelines prescribed in CRZ landward side of High Tide Line and within the Notification, 2011 shall be strictly area between (Low Tide Line and High Tide Line followed. in CRZ III)(1); 8. On receipt of the proposal duly assessed (b) the proposed constructions shall be and appraised by the Goa-SEAC, the same beyond the hazard line or 200 mts. from the High will be taken up for consideration by the Tide Line whichever is more; GCZMA.

Thereafter, the recommendations (c) live fencing and barbed wire fencing with of the GCZMA and the appraisal of the vegetative cover may be allowed around private Goa-SEAC, in respect of the project proposal properties subject to the condition that such shall be submitted to the Goa State fencing shall in no way hamper public access to Environmental Impact Assessment Authority the beach; (Goa-SEIAA) for its recommendations. Only on obtaining its favourable recommendations (d) no flattening of sand dunes shall be carried and with approval of the State Government, out; shall the project proposal be submitted to the (e) no permanent structures for sports facilities MoEF for its consideration, in term of the CRZ shall be permitted except construction of goal Notification, 2011. posts, net posts and lamp posts; 9. The conditions at para (7) and para (8), (f) construction of basement may be allowed shall not apply to the hotel projects approved subject to the condition that no objection earlier by the State Government/MoEF or are certification is obtained from the State Ground in the process of being considered for Water Authority to the effect that such approval by MoEF based on earlier State construction will not adversely affect free flow Government/GCZMA approvals. of groundwater in that area; 111 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 11 16TH JUNE, 2011 (g) the State Ground Water Authority shall no case shall gaps be less than 500 metres apart; take into consideration the guidelines issued by and Central Government before granting such no (q) if the project involves diversion of forestland objection certificate; for non-forest purposes, clearance as required (h) though no construction is allowed in the under the Forest (Conservation) Act, 1980 shall no development zone for the purposes of be obtained and the requirements of other calculation of Floor Space Index, the area of entire Central and State laws as applicable to the plot including the portion which falls within the project shall be met with; and no development zone shall be taken into account; (r) approval of the State or Union territory Tourism Department shall be obtained. (i) the total plot size shall not be less than 0.4 hectares and the total covered area on all floors II. In ecologically sensitive areas (such as marine shall not exceed 33 percent of the plot size i.e., parks, mangroves, coral reefs, breeding and the Floor Space Index shall not exceed 0.33 and spawning grounds of fish, wildlife habitats and the open area shall be suitably landscaped with such other area as may be notified by the Central appropriate vegetal cover; or State Government Union territories) construction of beach resorts or hotels shall not be permitted. (j) the construction shall be consistent with **** the surrounding landscape and local (1) In Annexure III, in item 1 (a), in line 2, the words architectural style; “Low Tide Line and High Tide Line” be read as at (1) above vide S.O. 651 (E) dated 29-03-2011. (k) the overall height of construction upto the highest ridge of the roof, shall not exceed 9 ———ttt——— metres and the construction shall not be more Department of Tribal Welfare than two floors (ground floor plus one upper floor); Directorate of Tribal Welfare ___ (l) groundwater shall not be tapped within 200 metre of the High Tide Line; within the 200 Order metre 500 metre zone it can be tapped only with 1/21/2011-12/ADMN/TWD/903 the concurrence of the Central or State Ground Water Board; Sanction of the Government is hereby (m) extraction of sand, levelling or digging of accorded for creation of following posts in the sandy stretches except for structural foundation Goa State Commission for Scheduled Castes of building, swimming pool shall not be and Scheduled Tribes under the establishment permitted within 500 metres of the High Tide of Directorate of Tribal Welfare with immediate Line; effect. (n) the quality of treated effluents, solid wastes, emissions and noise levels and the like, Sr. No. Designation Pay scale No. of posts from the project area must conform to the 1. Sweeper To be out sourced 1 standards laid down by the competent authorities including the Central or State Pollution Control Board and under the This issues with the recommendation of Environment (Protection) Act, 1986; Administrative Reforms Department vide their U. O. No. 567/F dated 30-5-2011, (o) necessary arrangements for the treatment concurrence of Finance (Rev. & Cont.) of the effluents and solid wastes must be made Department vide their U. O. No. 1438949 and it must be ensured that the untreated dated 30-5-2011. effluents and solid wastes are not discharged into the water or on the beach; and no effluent By order and in the name of the Governor or solid waste shall be discharged on the of Goa. beach; Dipak S. Desai, Director & ex officio Joint (p) to allow public access to the beach, atleast Secretary (Tribal Welfare). a gap of 20 metres width shall be provided between any two hotels or beach resorts and in Panaji, 2nd June, 2011. 112 OFFICIAL GAZETTE — GOVT. OF GOA SERIES I No. 11 16TH JUNE, 2011 Department of Printing & Stationery (b) The commercial establishments like Government Printing Press hotels/restaurants etc., @ Rs. 10/- per Braille ___ embossing page. Order 5/15/2010-DPS/502 By order and in the name of the Governor Government is pleased to announce Braille of Goa. Embossing facility for the citizens on the following charges by providing the soft copy N. D. Agrawal, Director & ex officio Addl. of the material: Secretary (Printing & Stationery). (a) Embossing of educational material provided by the Educational Institutions in soft copy @ Rs. 5/- per Braille page. Panaji, 14th June, 2011. www.goaprintingpress.gov.in Printed and Published by the Director, Printing & Stationery, Government Printing Press, Mahatma Gandhi Road, Panaji-Goa 403 001. PRICE – Rs. 9.00 113